The role of All India Council for Technical Education (AICTE) is only “advisory” and it has no authority to issue any sanction on universities, the Supreme Court has said while clarifying that colleges affiliated to varsities are not required to take its approval for running MBA and MCA courses.
The apex court said as per provisions of the AICTE Act and University Grants Commission (UGC) Act, the council has no authority which empowers it to issue or enforce any sanctions on colleges affiliated with the universities as its role is to provide guidance and recommendations.
“Also, from the reading of paragraphs 19 and 20 of ‘Parashvanath Charitable Trust case’ it is made clear after careful scanning of the provisions of the AICTE Act and the University Grants Commission Act, 1956 that the role of AICTE vis-a-vis universities is only advisory, recommendatory and one of providing guidance and has no authority empowering it to issue or enforce any sanctions by itself,” a bench of Justices B S Chauhan and V Gopala Gowda said.
The court also said MCA is a technical course while MBA is “not a technical course” within definition of AICTE Act.
“The same (MCA) is a technical education and therefore, it comes within the definition of technical education but for its proper conduct of courses and regulation the role of AICTE must be advisory and for the same, a note shall be given to the UGC for its implementation by it but not the AICTE,” it said.
“Therefore, for the reasons assigned while answering the points which are framed in so far as the MCA course is concerned, the approval from the AICTE is not required for obtaining permission and running MBA course by the appellant colleges,” the bench said.